Premises Liability - Hilda Wood v. Copeland’s of New Orleans, Inc., and ABC Insurance Company
Ms. Theard defended a local restaurant in a slip and fall lawsuit filed in Jefferson Parish. After taking the deposition of the Plaintiff, and without any further discovery, the Defendant filed a Motion for Summary Judgment based on deposition testimony elicited from the Plaintiff that demonstrated the condition was open and obvious and Plaintiff would not be able to meet her burden of proof under La. R.S. 9:2800.6. The trial court gave the Plaintiff an additional 60 days to perform additional discovery, and re-set the hearing on the motion. At the second hearing, the Court granted the Defendant's motion for summary judgment, and dismissed all claims with prejudice.
Hilda Wood v. Copeland’s of New Orleans, Inc., and ABC Insurance Company, 24th JDC No. 707-847.